This Short Term Rental Agreement is made and entered into as of {Date} by and between Abode LA, LLC d/b/a Abode “Manager” and {Name.First}{Name.Last} “Guest”, collectively the “Parties.”

Unless otherwise specified herein this Agreement shall evidence the complete terms and conditions under which the Parties have agreed. For good and valuable consideration, the sufficiency of which is herein acknowledged, Manager agrees to rent to Guest and Guest agrees to rent from Manager, for residential use only, the accommodation provided by Company, hereinafter referred to as the “Property”, which is part of a larger apartment community, hereinafter referred to as the “Building.”

The Parties hereby agree as follows:

1.     PURCHASE AGREEMENT

a.) By Providing Payment information, the Guest has agreed to purchase a reservation from Company. The Cancellation Policy and Rental Agreement signing period begins at the time of this purchase. If Company is unable to provide available dates in purchased rental property; Company is obligated to provide a comparable alternative. If Company is unable to provide a comparable alternative; Company will refund the purchase to the Guest.

b.) A Guest who books through Airbnb.com, Booking.com, Expedia.com or a similar Online Travel Agent (“OTA”) has made their purchasing agreement through the OTA and Company will adhere to rules governing this purchase. Rules in the OTA Terms of Service pertaining to a Company Rental, which contradicts this Rental Agreement, will supersede the Company Rental Agreement including but not limited to Cancellation, Purchase Agreement, Fee Arbitration and Changes to Reservation.

c.) Company may consider a reservation as cancelled by the Guest if the Rental Agreement is not signed within three (3) days of the Purchase Agreement being made or before the arrival date, whichever range of dates is the shortest. Cancellation of Agreement due to Guest declining to agree to this Rental Agreement must occur within a 24-hour period to avoid penalties.

d.) At the time of booking, a fifty percent (50%) non-refundable deposit of total rental charges is made. Thirty (30) days prior to arrival, we automatically collect the remaining balance, and the total is nonrefundable, if cancelled. If reservation is cancelled within Thirty (30) days of arrival, Company will seek to rebook the property and will reimburse the Guest for what Company is able to re-book the accommodation for. Reimbursement will be assessed the day after the checkout of the cancelled reservation.

e.) Changes to Reservation dates without penalty more than thirty (30) days prior to arrival are allowed at the discretion of Company. A fifty percent (50%) cancellation fee for cancelled nights may be applied. Changes to Reservations dates within thirty (30) days of arrival are considered cancelled and are subject to the above cancellation policy.

f.) Company may consider the purchase agreement as cancelled if initial deposit cannot be collected within twenty-four (24) hours. Company may consider the reservation as Cancelled by the Guest if payment in full cannot be collected within five (5) days of the payment due date. Company will make a good faith effort to contact Guest and collect payment prior to cancellation. Reservations cancelled due to lack of payment will forfeit their deposit.

2.   RENTAL PARTY

a.) Guest is an adult eighteen (18) years of age or greater and will be the financially responsible party and the primary occupant of the Property during the time period outlined herein. An Additional Guest or Additional Guests are adult(s) eighteen (18) years of age or greater, and/or one or more minor children under the direct care and supervision of Guest or Additional Guest(s), and will be additional occupants of the Property during the time period outlined herein. Collectively referred to as “Guests”

b.) Each Guest must supply to Manager, prior to Check-In Date, a copy of his/her Government Issued Identification, along with a signed copy of this Agreement, per the instruction provided.

c.) Guests expressly acknowledges and agree that Guests do not intend, nor have the right to, make the Property a residence or household, as is commonly defined. No tenancy is created by this agreement. All property rights remain with Company. Guests agree that Company or other lawful authority may evict Guests, without notice, for any reasons such as, but not limited to 1.) Failure to leave the unit at the designated check-in or check-out (unless extended according to the terms of this agreement and authorized in advance by Company) 2.) Nonpayment of rental or other charges 3.) Violation of any section of this agreement 4.) Violation of any rules of the Building 5.) Any unlawful act committed by Guests and/or Guest’s visitors. Guests agree to hold Company harmless for any eviction. The liability of Company is limited to unused rental paid by Guest. Company has ten (10) working days in which to mail or credit charge card for this unused rental to the Guest.

3.   GUESTS AND VISITORS

a.) Property may only accommodate a maximum of four (4) visitors at any one time, whose names must be provided to Manager, in writing, in advance of their arrival by no less than 2 hours, and the Guests as per the details outlined and agreed to at the time the reservation was confirmed. At no time shall the sum of the Guests exceed the maximum occupancy as outlined at the time of booking. For the avoidance of doubt any visitors within the Property or Building past 2:00 AM Local Time shall be considered to be Guests and must be approved by Manager and a party to this agreement.

b.) Building amenities such as, but not limited to, gym(s), pool(s), jacuzzi(s), theater(s), business center(s), common area(s), barbeque(s), athletic courts, parking facilities, etc. are solely for the use of Guests and may not be used by Guests’ visitors.

c.) No subletting and/or Guest or Additional Guest privileges or assignment of the Agreement may be made without the express written consent of Manager, including but not limited to family members, colleagues, and/or friends. Nor will Guest list the Property for rent on any electronic or non-electronic platform including but not limited to Airbnb, VRBO, Homeaway, and/or Booking.com.

d.) At the time of booking Guests name(s) and birthdate(s) may be submitted to a basic public records search by request of the Building owners. Only the results of the search, Guests names, assigned unit number and reservation dates will be submitted to the Building owners. No other information will be shared. Company reserves the right to cancel the Agreement at the request of Building owners. In the event of this cancellation, Company will refund the stay in full. Company may separately provide name(s) of Guests authorized on premises to property staff.

4.   TERM

a.) Term will commence at {ArrivalTime} Local Time on {ArrivalOfFirstGuest} the “Check-In Date” and end at {DepartureTime} Local Time on {DepartureOfLastGuest} the “Check-Out Date.” 

b.) Notwithstanding the foregoing in instances in which a Guest has purchased an Early Check-In, subject to Manager approval, the Term will commence at a time specified in writing by Manager on the Check-In Date.

c.) Unless otherwise stipulated in writing by Manager, if Guest fails to check-out and vacate Property (including all Guests’ belongings or those of any visitors) by the Check-Out Date as referenced herein a fee of One Hundred Dollars ($100) per hour after 11:30 AM Local Time will be assessed and withheld from Guest’s security deposit. Notwithstanding the foregoing if a Guest who has purchased a Late Check-Out, subject to Manager approval, fails to check-out and vacate Property (including all Guest’s belongings or those of any visitors) by the Check-Out Date as referenced herein a fee of One Hundred Dollars ($100) per hour after 12:45 PM Local Time will be assessed and withheld from the Guest Security Deposit.

d.) Furthermore in cases where Guest and/or Additional Guest's visitors fail to abide by the Check-Out Time Guest and Guest’s visitors shall vacate the premises immediately upon direction by Manager or its representative(s).

5.   RENTAL RATE

a.) Guest agrees to pay in advance, the nightly rate, taxes, and fees at time of booking subject to Section 1 of this agreement. Any additional amounts due to any third party booking platform are not subject to this agreement and are the sole responsibility of the Guest.

b.) When not otherwise collected and/or held by an OTA at time of booking Guest shall issue to Manager a direct security deposit in the amount stipulated (“Security Deposit”) and made payable to Manager. The Security Deposit will be charged, held in trust, and returned to Guest within seven (7) business days from the conclusion of the Term, less any charges for costs incurred by Manager and/or any amount that Manager, at its sole discretion, deems necessary to withhold for violation(s) of the terms of the Agreement, as outlined herein.

6.   USE OF THE PROPERTY

a.) Guests will not do, or permit anything to be done by Guests visitors, on the Property or within the Building that will in any way interfere with the rights of occupants, or annoy them, or use the Property for any improper or unlawful purpose. Any such violation of law will be brought to the immediate attention of local authorities and prosecuted to the full extent allowable by law. Guests will not cause or permit any nuisance on the Property or Building. Guests will not put the Property to any use that violates local zoning ordinances.

7.   PARKING

a.) When and if the Guest is assigned parking space, under the terms of this agreement, the parking area/space shall be used exclusively for parking of passenger automobiles only.

b.) If purchased a Guest and/or Additional Guest(s) are hereby assigned or permitted to park a car, or designated number of cars, provided that the car(s) only be parked in the assigned area(s) or space number(s) as provided by Manager.

c.) Guests are liable for parking in the assigned spot(s) as provided by Manager either verbally, by electronic correspondence, or in the House Rules. Failure to park in the assigned space(s) will likely result in Guests’ vehicle being towed and any fee, fines, or costs associated with Guests’ failure to abide by their assigned parking space will be the sole responsibility of the Guest.

d.) Parking space shall not be used for the washing, painting, or repair of vehicles. No other parking space shall be used by Guest or Additional Guests. Guest is responsible for oil leaks and other vehicle discharges for which Guest shall be charged for cleaning if deemed necessary by Manager.

8.   ACCESS DEVICES

a.) Guest acknowledges he or she will receive keys and/or other access devices, which shall be deemed part of this Agreement including, but not limited to, key(s), access fob(s) or key card(s), parking pass(es), and parking remote(s) or sensor(s)

b.) It is hereby understood and agreed that the loss of, or failure to return upon Check-Out Date, any of the above listed key(s), fob(s), parking sensor(s), pass(es) and/or remote(s) shall result in a non-refundable fee charged to Guest as outlined below:

i.)   Keys: Fifty Dollars ($50) per key

ii.)  Fob/Keycard: Two Hundred and Fifty Dollars ($250) per fob

iii.) Parking Pass: Two Hundred and Fifty Dollars ($250) per pass

iv.) Parking Remote: Two Hundred and Fifty Dollars ($250) per remote

c.) Only one (1) parking remote, pass, etc. will be issued per parking spot, regardless of number or guests.

d.) Only one (1) key will be issued per Guest and/or Additional Guest and a maximum of two (2) keys per rental party.

e.) All keys, remotes and/or other access devices are to be returned to Manager as described in the House Rules and should not be returned to Building staff under any circumstance unless specifically detailed in the check-out instructions.

9.   CONDITION OF PREMISES

a.) Guest hereby acknowledges that he/she will examine the Property and that if in the instance that all aspects of the Property (including but not limited to all furnishings, fixtures, plumbing, heating, electrical facilities and/or all other items provided by Manager) are not in good, satisfactory, working condition free of all damage and/or defect — except as may be indicated prior to check-in — Guest will immediately upon check-in notify Manager. Failure to do so may result in Guest being held liable for any damage.

b.) Guest shall to keep the Property and all items within Property including but not limited to furnishings, appliances, finishes, home goods, linens, pots and pans, dishes, and other kitchenware in good, clean, working, and / or habitable condition and to immediately pay for costs to repair and/or replace any portion of the above damaged by Guest, his/her visitors and/or invitees. Upon the Check-Out Date, all items shall be returned to Manager in clean, good, working condition and the Property shall be free of all personal property, not belonging to Manager, and trash. It is agreed that all dirt, holes, tears, burns, and stains of any size or amount in the carpets (if applicable), drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear. The actual cost of replacement for any damage or missing item(s) will be deducted from Guest’s security deposit, or paid in addition to the security deposit should it be necessary, plus the costs of any additional or necessary cleaning and/or repairs.

10.   OUTAGES

a.) Property and/or Building may from time to time experience outages that are beyond Manager’s control. Manager will report outages as each occurs however, no refunds or compensation will be given for any such outages. This includes but is not limited to common areas of the Building and its amenities, if applicable.

b.) There shall be no refunds of payments due to shortened stays or ruined expectations because of weather conditions or other such natural disasters or instances of force majeure.

c.) There shall be no refunds due to shortened stays or ruined expectations due to work and/or personal or family emergencies or other commitments of the Guest.

11.   NO FILMING

a.) Commercial filming and/or photography within the Property or Building is strictly prohibited, unless permitted in writing. Guest agrees not to take or use any photographs or film of a commercial nature and/or that would in any way disparage or injure Manager or its employees’ and/or reputation. Furthermore, Guest also agrees not to shoot any nudity or obscene photographs or film; and not to use, or take any photographs or film for public display of any kind in public areas of the Building. For the avoidance of doubt public areas shall be deemed to be all areas of the Building that fall outside of the Property for which Guest is renting. Any violation of this clause will result in immediate legal action and will be subject to the maximum penalty allowable by law. The provisions of this Section shall apply to all Guests and visitors and shall survive the termination of this Agreement.       

12.   NO GATHERINGS

a.) Gatherings and/or events of any kind are strictly prohibited. For the purposes of this Agreement, a “Gathering” will be deemed to be in progress whenever the number of visitors in the Property exceeds the maximum number of visitors allowable for this Property as defined in Section 3 of this Agreement. If a Gathering is found to be in progress it will be grounds for immediate termination of this agreement and Guests shall thereby immediately vacate the premises upon request and Guest hereby agrees to forgo all pre-paid amounts, including but not limited to all security deposits and purchase amounts, and be subject to an additional fine of Two Thousand Dollars ($2000), in addition to any actual cost(s) of replacement or repair for any items damaged or missing items.

13.   GUEST CONDUCT

a.) Guests and visitors shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. Guests and visitors shall not create noise or disturbances likely to disturb or annoy the surrounding residents. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Guests shall thereby immediately vacate the premises upon request and Guest hereby agrees to forgo all pre-paid amounts, including but not limited to all security deposits and rental fees.

14.   HOUSEKEEPING

a.) Guest acknowledges there is no daily housekeeping service. While linens and bath towels are included with the Property, daily maid service is not included in the rental rate. Should the Guest request additional home cleaning, services can be arranged at the rate of Thirty Five Dollars ($35) per hour. It is not permitted for towels or linens to be taken from the Property. In the event of a violation of this section Guest will be charged Fifty Dollars ($50) per item.

15.   CLEANING

a.) Each property will be inspected and cleaned after Guests’ departure. The cleaning fee Guest has paid will cover Manager’s cost associated with said cleaning. The Guests shall leave the premises in a ready to rent condition at the expiration of the rental agreement, defined by the Manager as being in the same general condition Property was in upon check in by making sure the home is generally picked up and ready to be vacuumed, dusted and sanitized. Guest agrees that the Landlord shall have the right to charge additional cleaning costs at the amount of One Hundred and Twenty Five Dollars ($125) per hour, for any cleaning over and above two (2) hours, if Guests fails to fulfill the terms of this Section of the Agreement.

16.   NO SMOKING

a.) Guest hereby acknowledges and agrees that any smoking inside the Property will result in an air-sanitation fee of Five Hundred Dollars ($500) which will be deducted from Guest’s security deposit or paid in addition to the security deposit should it be necessary, plus the costs of any additional or necessary cleaning and/or repairs. This includes but is not limited to marijuana and/or other recreational/medicinal drugs and/or vapor products.

17.   PROPERTY MAINTENANCE

a.) Guests shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat and clean.

b.) Guests shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler.

c.) Guests shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause clogging of the drains. Guest shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, and/or sinks.

d.) Guest shall make Manager aware of any maintenance needs upon discovery of any such requirements and make Property available to Manager or Building’s maintenance staff upon request of Manager.

e.) Unless in cases of emergency (such as a gas leak, flood, or other instance that would cause immediate property damage or threat to life and safety) Guests hereby agrees to communicate needs exclusively to Manager, including instances of Guest or Additional Guest lock-out or key malfunction, and not to approach Building staff including but not limited to Building concierge, security, community relations, leasing staff, etc.

18.   LOCK-OUT

a.) Should Guests become locked out of the Property at any time they are immediately to contact Manager by phone and not to approach Building staff, as is noted above in Section 17. Not withstanding the forgoing if Guests should find themselves locked out of the Property without a means to call Manager then Guests shall provide building front-desk staff, if applicable, with the unit number and state they are a guest of “Abode” and ask that they contact Manager on Guests’ behalf.

b.) Should said lock-out be due to the negligence of the Guests there will be a fee of One Hundred and Fifty Dollars ($150) charged to Guest to dispatch maintenance to provide access to the unit. Furthermore, any loss of provided keys, fobs, parking remotes, sensors, and/or passes will be subject to the fees outlined in Section 8 of this Agreement.

19.   ACCESS

a.) Manager has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement.

20.   POOLS, JACUZZIS, GYMS, WALKWAYS, BALCONIES AND OTHER COMMON AREA

a.) Guests are fully aware pools, jacuzzis, walkways, fitness centers, and balconies can be dangerous, including areas that can be slippery when wet, and that injury is likely to occur to anyone who is not careful. Guests shall observe and adhere to all rules and policies as posted at the Property and/or Building. With full knowledge of the above facts and warnings, Guest accepts and assumes all risks and liabilities, including for those of Additional Guests and Guest visitors, involved in or related to the use any public areas of the Property and/or Building.

21.   NO PETS

a.) Pets are not permitted on the property without written approval of Manager.

b.) Guest hereby acknowledges and agrees that any violation of the No Pet Policy will result in a fee of $500 which will be deducted from Guest Security Deposit or paid in addition to the Security Deposit should it be necessary, plus the costs of any additional or necessary cleaning and/or repairs.

22.   HOUSE RULES

a.) In addition to the terms listed above, Guests agree to abide by the “House Rules”, which are provided and posted on the website or OTA for which this Property was rented. Parties hereby agree that the House Rules are considered additional terms of this agreement and are enforceable as such.

23.   GUEST LIABILITY

a.) Guest agrees to accept liability for any damages caused to the Property and/or Building by Guests or Guest visitors including, but not limited to, landscaping, misuse of appliances, and/or equipment, furnishings, and/or any other damage to private or public areas. If damages are in excess of the security deposit being held, Guest agrees to reimburse Manager for costs incurred to repair/replace damaged items. Guests agree to pay all additional costs, attorney's fees, and expenses that shall be made or incurred by Manager enforcing this Agreement.

24.   HOLD HARMLESS

a.) Guest, Additional Guest(s) and Guests’ visitors shall hereby indemnify and hold harmless Manager and its officers, directors, agents, and employees from and against any and all third-party liabilities, claims, demands, actions, losses, damages and expenses, (including, without limitation, reasonable outside attorneys fees and court costs, whether or not in connection with litigation) judgments, subrogation or other damages, including, without limitation, for personal injury or property damage, in any way arising out of use of the premises regardless of the nature of the accident, injury, or loss. Guest also expressly indemnifies Manager and its officers, directors, agents, and employees from and against any and all claims, demands, actions, losses, damages and expenses, (including, without limitation, reasonable outside attorneys fees and court costs, whether or not in connection with litigation) judgments, subrogation or other damages, including, without limitation, for personal injury or property damage, in any way arising out of use of the premises regardless of the nature of the accident, injury, or loss by Additional Guests and Guest or Additional Guests’ visitors. Guest also expressly recognizes that any insurance for property damage or loss that the Manager may maintain on the Property does not cover the personal property of Guest or Guest’s visitors, and that Guest should purchase his/her own insurance for Guest and visitors if such coverage is desired.

25.   EARLY TERMINATION

a.) If Guest, Additional Guest(s) and/or visitors fail to abide by any of the terms outlined within this Agreement or House Rules, Manager at its sole option, may immediately terminate all rights of Guests and visitors.

26.   PARTIAL INVALIDITY

a.) Nothing contained in this Agreement shall be construed as waiving any of the Parties rights under the law. If any part of this Agreement shall be in conflict with the law, that part shall be void to the extent that it is in conflict, but shall not invalidate this Agreement nor shall it affect the validity or enforceability of any other provision of this Agreement.

27.   NO WAIVER

a.) Manager’s acceptance of payment with knowledge of any default by Guest or waiver by Manager of any breach of any term of this Agreement shall not constitute a waiver of subsequent breaches. Failure to require compliance or to exercise any right shall not be constituted as a waiver by Manager of said term, condition, and/or right, and shall not affect the validity or enforceability of any provision of this Agreement.

28.   JOINTLY AND SEVERALLY

a.) Guests are jointly and severally responsible and liable for all obligations under this Agreement.

29.   RECEIPT OF AGREEMENT

a.) The undersigned Guest(s) have read and understand this Agreement and hereby acknowledge receipt of a copy of this Agreement.

30.    ENTIRE AGREEMENT

a.) This Agreement, including House Rules, sets forth all the agreements and understandings between the Parties concerning the property and there are no agreements or understandings, either oral or written, between the Parties that are not set forth in this Agreement. No change or addition to this Agreement will be binding upon the Parties, either individually or collectively, unless put in writing and signed by each of the Parties.

31.   GOVERNING LAW

a.) This Agreement is to be construed under and governed by the laws of the State of California. All parties indicate that they have read, understand and agree to all terms of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

ACCEPTED AND AGREED TO:

 

{Signature}
{Name.First}{Name.Last}